GEETHA Vs. SUNDARAMOHAN

JUDGEMENT

(1.) The appellant / wife is challenging the order and decree of the Family Court, Dharmapuri dtd. 16/3/2015 made in F.C.H.M.O.P.No.1 of 2014, granting divorce to the respondent / husband by dissolving the marriage conducted between the appellant and respondent on 9/7/1992.

(2.) The appellant is wife and respondent is husband. Originally the respondent filed M.O.P.No.68 of 2007 on the file of the Sub Court, Dharmapuri for dissolution of the marriage conducted between the respondent and appellant on 9/7/1992 on the ground of cruelty and desertion. Later, the said M.O.P.No.68 of 2007 was transferred to the file of the Family Court, Dharmapuri and re-numbered as F.C.H.M.O.P.No.1 of 2014. Case of the respondent:

(3.) According to the respondent, the marriage between the respondent and appellant was conducted as per the Hindu Customs and Rites on 9/7/1992. In the wedlock, a female child by name Soundarya and a male child by name Premkumar were born and they were aged 14 and 9 years respectively at the time of filing the M.O.P.No.68 of 2007. After the marriage, without permission of the respondent, the appellant was doing money lending business and was quarrelling with others. She used to abuse the respondent and children in filthy language and also used to beat them. The appellant without caring for the respondent, children and welfare of the family, treated the respondent and children cruelly. After giving false complaint against the respondent and his family members alleging dowry harassment, the appellant went to her mother's house without listening to the respondent, ignored him and was living according to her whims and fancies. The appellant developed illicit relationship with one Subramani, a provision store owner. They used to go to various places like husband and wife. From May 2004, the appellant is residing separately in another portion of the same house and leading immoral life. The said Subramani used to come to the house of the appellant in the night and spend the night with her. When the respondent confronted them, he was threatened with dire consequences. The appellant deserted the respondent for more than 3 years at the time of filing the O.P. and is living separately without any reason. In such circumstances, the respondent issued notice dtd. 1/6/2007 through his advocate to the appellant which was received by her on 8/6/2007. The appellant did not send any reply. Based on these averments, the respondent filed the said F.C.H.M.O.P.No.1 of 2014 for dissolution of marriage on the ground of cruelty and desertion. Case of the appellant: